
1 

(1) These regulations may be cited as the
Clean Air Enactments (Repeals and Modifications) Regulations 1974.
(2) Regulation
3(a) shall come into operation on 2nd March
1975 and the remaining regulations shall come into operation on 1st January
1975.
2 

(1) In these regulations—
 “the Act of 1906”
means the 
Alkali, &c. Works Regulation Act 1906;

 “the Act of 1974”
means the Health and Safety
at Work etc. Act 1974; and
 “enactment” includes any instrument made under an enactment.
(2) The 
Interpretation Act 1889 shall apply for the
interpretation of these regulations as it applies for the interpretation of
an Act of Parliament.
(3) In these regulations unless the context
otherwise requires, references to any enactment are references to that enactment
as amended by or under any other enactment.
3 
In the Act of 1906 in its application to Great Britain—
(a) section
13 (which provides for an annual report by
the chief alkali inspector) is hereby repealed;
(b) the provisions mentioned in 
column 1 of Schedule 1 to these regulations
(which relate to the matters mentioned in column 2 of that Schedule) are hereby
repealed; and
(c) the provisions mentioned in 
Schedule 2 to these regulations shall have
effect subject to the modifications specified in that Schedule.
4 
The Public Health
(Smoke Abatement) Act 1926 is hereby repealed.

5 
In the Alkali,
&c. Works Regulation Order (Scotland) 1933—
(a) in Article
2 the definition of “the Department”
is hereby repealed;
(b) in Article
3 the words “at the offices of
the Department” are hereby repealed;
(c) in Article
6 the words from “in the form”
, where first occurring, to the end of the Article are hereby repealed;

(d) in Article
8 the words from “in the form”
 to the end of the Article are hereby repealed;
(e) the second
Schedule is hereby repealed; and
(f) in Articles
3, 5, 6, 7 and 8
references to the Department shall be construed as references to the Health
and Safety Executive.
6 
The Alkali, &c.,
Works Regulation (Scotland) Act 1951 is hereby
repealed.
7 
Section 17(3)
of the Clean Air Act 1956
(which empowers the amendment of orders extending the Act of 1906) is hereby
repealed.
8 
Articles 3, 5, 6 and 7 of the 
Alkali, &c. Works (Registration) Order 1957 as originally enacted (which contains provisions
about the registration of works subject to the Act of 1906) shall have effect
as if the references therein to the Minister of Housing and Local Government
were references to the Health and Safety Executive.
9 
Section 11(5)
of the Clean Air Act 1968
(which limits the operation of the Public Health
(Smoke Abatement) Act 1926 and the 
Alkali, &c., Works Regulation (Scotland) Act 1951)
is hereby repealed.
10 
For subsection (2)
of section 78 of the Control of Pollution
Act 1974 (which relates to cable burning) there
shall be substituted the following—“
(2) A person who contravenes
the provisions of the preceding subsection shall be guilty of an offence and
liable on summary conviction to a fine not exceeding £400;

(3) Proceedings for an offence under 
subsection (1) above shall not, in England
and Wales, be instituted except by an inspector appointed under 
section 19 of the Health and Safety
at Work etc. Act 1974 or by or with the consent
of the Director of Public Prosecutions.”.
11 
References in any provision of an enactment or document to—

(a) an inspector appointed under the Act
of 1906 or
(b) the chief inspector,
shall, except where the context otherwise requires or where
the reference is otherwise expressly amended, be construed as references respectively
to—
(i) an inspector appointed by the Health
and Safety Executive under section 19
of the Act of 1974; and
(ii) an inspector so appointed who is authorised
to act for the purpose of the provision in question.
12 

(1) These regulations shall not affect the
validity of anything done under any provision of an enactment repealed or
modified by these regulations before the coming into operation of these regulations;
and anything which at the coming into operation of these regulations is in
process of being done for the purposes of that provision (including in particular
any legal proceedings) by or in relation to—
(a) an inspector appointed under the Act
of 1906;
(b) the chief inspector; or
(c) the Secretary of State;may, so far as may be necessary for the purposes of or in consequence
of the provisions of these regulations, be continued, respectively, by or
in relation to—
(i) an inspector appointed by the Health
and Safety Executive under section 19
of the Act of 1974;
(ii) an inspector so appointed who is authorised
to act for the purposes of the provision in question;
(iii) the Health and Safety Executive.
(2) Without prejudice to 
paragraph (1) of this regulation, any exemption,
approval, certificate or notice granted or given or other thing whatsoever
done for the purposes of any provision modified by these Regulations shall,
if in force at the coming into operation of these regulations, continue in
force and have effect as if granted, given or done in accordance with that
provision as so modified.
(3) Any legislative instrument made under
any provision repealed by these regulations and in force immediately before
the coming into operation of these regulations shall continue in force notwithstanding
the repeal of that provision.
(4) Where any of the provisions repealed
or modified by these regulations prescribes a penalty for an offence of any
kind, that penalty shall, notwithstanding these regulations, continue to apply
to offences of that kind committed before 1st January 1975.
Anthony Crosland
Secretary of State for the Environment
19th December 1974John Morris
Secretary of State for Wales
19th December 1974William Ross
Secretary of State for Scotland
20th December 1974
SCHEDULE 1
Regulation 3(b)


Column 1 Column 2
Section 10 Appointment of inspectors
Section 11 Disqualification of certain persons for inspectors


Section 12 
Inspection of works

Section 16A 
Penalties

Section 18 
Further provisions as to recovery of fines in county courts
Section 20 Discharge of owner on conviction of actual offender


Section 21 
Service of notices
SCHEDULE 2
Regulation 3(c)
1 
At the end of 
section 27(1) (interpretation of terms) there
shall be added the following:“
The expression “inspector”
 means an inspector appointed by the
Health and Safety Executive under section 19
 of the Health and Safety at Work etc.
Act 1974.

The expression “chief inspector”
in any provision of this Act means an inspector so appointed
for the purposes of that provision
”.
2 
Section 9(5)
and (7) as originally enacted
shall have effect as if the references therein to the Local Government Board,
or for Scotland, the Secretary for Scotland, were references to the Health
and Safety Executive.